Legal Question in Workers Comp in California

worker's compensation

Can I also sue for pain and suffering when my worker's comp case is over? I had surgery on my knee three times(DOI 7/16/2003), I can only bend 30%, have tendinitis in my knee, and the AME said I could not return to work(VR). At my rating hearing 2/14/2007 I was rated 11%. $6338.25 in PD benefits! That is wrong. I was in the hospital 4 days on my second surgery.


Asked on 2/28/07, 9:37 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: worker's compensation

You cannot sue for pain and suffering in a comp claim. From your statement, it appears there has been an inaccurate description of your disability. Many times physicians are very good, yet do not understand workers' comp., thus produce poor ratings because of their ignorance. I suggest that you object to the rated report and request a panel Qualified Medical Examination (second opinion as to your disability).

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Answered on 3/02/07, 12:01 am


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